EQUITY RESIDENTIAL MANAGEMENT, LLC VS. MOTOYOSHI KOMORI ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25678488 - June 24, 2025 Hearing date: June 24, 2025 Case number: CUD25678488 Case title: EQUITY RESIDENTIAL MANAGEMENT, LLC VS. MOTOYOSHI KOMORI ET AL Case Number: | | CUD25678488 | Case Title: | | EQUITY RESIDENTIAL MANAGEMENT, LLC VS. MOTOYOSHI KOMORI ET AL | Court Date: | | 2025-06-24 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 24, 2025, line 9.

Defendant's Demurrer to Complaint is SUSTAINED in part, subject to opposition, with leave to amend within 5 days of notice of entry of order.

The Complaint is based on service of two notices, pursuant to Civil Code 1946.2(c). By failing to allege the method of service of each of these notices, the Complaint fails to state a cause of action in compliance with CCP 1166(a)(5).

Additionally, the Complaint alleges that plaintiff's interest in the premises is as "Authorized Agent" but does not give any indication of who its principal is or the nature of the principal's interest in the premises. Therefore, the Complaint also fails to state a cause of action because it does not state facts sufficient to show the nature of plaintiff's interest in the premises, its authority to enter into a lease with the defendant, and its authority to bring this unlawful detainer action. The demurrer is sustained with leave to amend on these grounds.

This matter will be heard at 1:30 p.m. in Department 501. =(501/SKF)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).

Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |